Grenade found as family sorted relative’s belongings kills man, injures 2 children
A hand grenade found as a family went through an older relative’s belongings exploded, killing an Indiana man and injuring his two teenage children, police said.
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COA affirms 23-year delay in murder charges was justified by science advancements, not attempt to prejudice
A man charged and convicted of three counts of murder 23 years after the fact was not prejudiced because the delay was justified by advances in science, the Court of Appeals of Indiana has ruled in affirming a lower court’s decision.
Opinions May 19, 2023
Court of Appeals of Indiana
James H. Higgason III v. State of Indiana
22A-CR-2000
Criminal. Affirms James Higgason III’s three convictions of murder. Finds the Lake Superior Court did not abuse its discretion when it denied Higgason’s motion to dismiss and motion for mistrial. Also finds the trial court did not abuse its discretion when it admitted the digitized recording of the phone calls between David Copley and Higgason. Finally, finds any error in the trial court’s decision to not notify counsel when the jury asked a question about Higgason’s culpability was harmless because Higgason did not establish prejudice. and there was sufficient evidence to convict Higgason of the murders.
Benjamin Harrison Presidential Site celebrates the culmination of renovations
The Benjamin Harrison Presidential Site on the Old Northside has officially unveiled its $6 million upgrades with a ribbon cutting, tours of the house and jazz music.
COA affirms SVF firearm conviction, finds stop and search by police did not violate man’s rights
The Court of Appeals of Indiana upheld a man’s possession of a firearm by a serious violent felon conviction Friday, affirming a trial court decision that a police stop and search of the man was lawful and did not violate his Fourth Amendment rights.
IN justices denied all 19 transfer petitions last week
Indiana Supreme Court justices denied transfer to all 19 petitions for the week ending May 12.
Indy moves ahead with pet sale restrictions, but will state lawmakers stop them?
The city of Indianapolis is moving forward with plans to implement an ordinance banning the retail sale of pets that come from sources other than shelters or not-for-profit animal rescue organizations.
Defense attorney: Not all has been revealed about what led to Texas mass shooting
Attorneys for the man accused of killing five of his neighbors after storming into their Texas home suggested on Thursday that not all has been revealed about what led up to the deadly shooting.
Police: Louisville man planned bank shootings, placed phone in pocket to livestream
The man who killed five co-workers at a Kentucky bank last month had made plans for the shooting and placed his phone in a front shirt pocket to livestream the killings, according to police records recently released.
Three-judge panel in U.S. appeals court hears arguments in abortion pill case
A federal appeals court panel quizzed lawyers during oral arguments Wednesday over a Texas judge’s decision that could end access to the abortion pill nationwide.
Justices uphold LWOP sentence in murder case that involved cannibalism
A man convicted of the brutal murder of his ex-girlfriend, which included cannibalism, failed to convince the Indiana Supreme Court to overturn his sentence of life without parole.
COA: Father’s neglect, battery convictions didn’t constitute double jeopardy
A man’s convictions for felony neglect and battery in an incident that ultimately resulted in the death of his son did not constitute a double jeopardy violation, the Court of Appeals of Indiana affirmed Thursday.
Traffic stop that led to conviction for dealing meth wasn’t impermissibly prolonged, COA affirms
Evidence that led to a man being convicted of dealing in methamphetamine and other charges did not come as part of an impermissibly prolonged traffic stop, the Court of Appeals of Indiana has ruled in affirming a lower court’s judgment.
Ice Miller opens Baltimore office, recruits team from Baltimore firm
| IL Staff
Ice Miller LLP is expanding its East Coast presence with a new office in Baltimore, staffing the office with a team that came to Ice from a Baltimore-based firm.
Opinions May 18, 2023
Court of Appeals of Indiana
Adam B. Kenny v. State of Indiana
22A-CR-2082
Criminal. Affirms Adam Kenny’s convictions of Level 2 felony dealing in methamphetamine, Level 6 felony unlawful possession of a syringe, Class C misdemeanor possession of paraphernalia, Class A misdemeanor carrying a handgun without a license and three counts of Class A misdemeanor unlawful possession of a firearm by a dangerous person. Finds the Tippecanoe Superior Court did not abuse its discretion in admitting evidence resulting from a valid traffic stop consistent with the Fourth Amendment.
Indiana Army veteran convicted in road rage killing of Muslim man
A suburban Indianapolis Army veteran has been convicted in the road rage shooting death of a Muslim man after witnesses said he hurled ethnic and religious insults at the victim, including yelling, “Go back to your country,” before opening fire.
Supreme Court sides with Google, Twitter, but avoids ruling on their broad protections from lawsuits
The Supreme Court on Thursday sided with Google, Twitter and Facebook in lawsuits seeking to hold them liable for terrorist attacks. But the justices sidestepped the big issue hovering over the cases.
Andy Warhol violated a photographer’s copyright on image of Prince, Supreme Court rules
The Supreme Court on Thursday ruled in favor of a photographer who claimed the late Andy Warhol had violated her copyright on a photograph of the singer Prince.
Indiana Supreme Court hears arguments in condemnation case against Duke Energy
A Bloomington manufacturer argued before the Indiana Supreme Court on Wednesday that it was unfairly forced to modify building plans for a new warehouse, claiming Duke Energy Indiana took part of its land without compensation.
Change of venue sought by man charged with murder in highway crash death of Indiana trooper
The attorney for a man charged with murder for allegedly driving his car over an Indiana state trooper in northeastern Indiana filed for a change of venue in the case Wednesday.